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2025 Supreme(Online)(Mad) 66468

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mrs. Justice J. Nisha Banu, Mrs. Justice S. Srimathy, JJ
S.Loganathan – Appellant
Versus
Recovery Officer II, Debts Recovery Tribunal III, Chennai – Respondent


Advocates:
For the Appellants/Petitioners: Mr.M.Rajarajan
For the Respondents: Mr.N.Dilip Kumar, Mr.R.J.Karthick, M/s.D.Farjana Ghoushia

ORDER

(Order of the Court was delivered by S.SRIMATHY, J.)

The present writ petition is filed for issuance of a Writ of Certiorari, to quash the 1st respondent’s proceedings, dated 13.01.2023, passed in DRC.No.14 of 2022 on the question of territorial jurisdiction.

2. (a) The brief facts, as stated in the affidavit, are that the respondent Bank had filed a suit in O.A.No.216 of 2013 and also initiated measures under the SARFAESI Act in S.A.No.213 of 2013 against the petitioner for the default in the loan amount.

(b) The petitioner, while challenging the Bank's action, approached the Debt Recovery Tribunal under Section 17 of SARFAESI Act and also contested the suit.

(c) The petitioner contended that the classification of the account as NPA was not in accordance to law and specifically urged that the books of accounts relied upon by the bank were erroneous and, therefore, the alleged debt had not been crystallized.

3. The learned counsel for the petitioner submits that the Debts Recovery Tribunal, upon hearing the matter, found that the respondent Bank had at first denied the very existence of the disputed account; secondly Bank had failed to produce the bank statement for more than 10 ye

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